AG 1997 10 20 - Laserfiche WebLink

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Ordinance Providin~ for a Procedure of Direct ~otin~ on Issues by the Peopla as Authorized by House Bill 786r Section 4 (a~ b) The Board reviewed the proposed "Resolution Creating Procedure for Initiative, Referendum and Direct Voting on Questions of Public Interest." Mr. Hartsell asked that the word "Resolution" be changed to "Ordinance" in the title of the document. There was discussion regarding direct voting on issues by the people of Cabarrus County. Board members expressed appreciation to Senator Hartsell and Representative Richard Moore for their work in securing approval of the local legislation. UPON MOTION of Commissioner Mills, seconded by Commissioner Carpenter and unanimously carried, the Board adopted the following 'Ordinance Creating Procedure for Initiative, Referendum and Direct Voting on Questions of Public Interest" with the Ordinance to become effective on October 1, 1997. Ordinance No. 1997-18 ORDINANCE CREATING PROCEDURE FOR INITIATIVE, REFERENDUM AND DIRECT VOTING ON OUESTIONS OF PUBLIC INTEREST WHEREAS, pursuant to Section 4(a) of S.L. 1997-452, the North Carolina General Assembly has authorized the Cabarrus County Board of Commissioners (the "Board") to adopt an ordinance confirming a procedure for direct voting on issues by the people of Cabarrus County (the "County"); and WHEREAS, the Board believes and so finds that it is in the best interest of the people of the County that a procedure be adopted and implemented permitting the citizens of the County to vote directly upon questions of public interest; BE IT, THEREFORE, ORDAINED BY THE CABARRUS COUNTY BOARD OF COMMISSIONERS that: Section 1. Authorization. This Ordinance is enacted pursuant to the authority granted to the Board, in S.L. 1997-452 of the General Assembly of North Carolina, recognizing and memorializing the authority held by the people of the County pursuant to the North Carolina Constitution. Section 2. Purpose and Intent. This Ordinance is enacted for the purpose of implementing a procedure for direct voting upon resolution, ordinance and questions of public interest by the citizens of the County. Section 3. Effective Date. This Ordinance becomes effective on October 1, 1997. Section 4. Procedure for Initiative and Referendum by Petition. When twenty-five psrcent (25%) of the qualified voters of the County apply to the Board by signed petition for the purpose of voting upon any question of public interest which that petition requests be submitted to a vote of the citizens of the County, the Board shall order a referendum on the question. The election shall be held not more than 120 nor fewer than 60 days after receipt of the petition. The Board shall order as many referenda under the provisions of this Section as it may be petitioned to call in the manner set out in this Section. The Board shall call more than one election to be held for the purpose of voting upon the same question if a petition is filed, as herein provided, requesting the Board to call that election, notwithstanding the fact that a prior election may have been held for the purpose of ascertaining the wishes of the citizens of the County on the same question. The Cabarrus County Board of Elections may adopt rules for the further implementation of this procedure. Section 5. Procedure for Referendum by Board of Commissioners.